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| Untersuchte Arbeit: Seite: 68, Zeilen: 1ff (komplett) |
Quelle: UNDP_Initiative_2006 Seite(n): 18, Zeilen: 0 |
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| [The Bureau of the Transitional National Assembly lifted his immunity “to enable the judiciary to investigate the case] calmly and without hindrance” while reserving the right to review its position after a period of two months. The parliamentarian was released on parole in September 2004 and participated in the July 2005 elections, when he was indeed re-elected. However, charges of “association for the purpose of attacking persons and property” were still pending against him. The Bureau of the newly elected Assembly took up the case and refused to allow his prosecution finding that his flagrante delicto arrest was unjustified and that procedure had been substantially flawed since the Prosecutor General had failed to provide a report on the facts; the parliamentarian concerned had not been heard and the chairpersons of the parliamentary groups and standing committees had not been consulted, in breach of the relevant rules.
6.3.5 Waiving Parliamentary Inviolability In most countries, parliamentary inviolability is a matter of public policy and therefore cannot be waived. There are, however, exceptions to this rule and one of the foremost is the Philippines where members of parliament, and they alone, can waive inviolability either explicitly or by deciding not to invoke it under the relevant circumstances.219 6.3.6 Lifting of Inviolability Conditionally and Right to Request Suspension of Detention Generally, owing to the principle of separation of powers, parliaments are not entitled to impose any conditions on the lifting of immunity. However, in some countries (Belgium and France for example) a partial lifting of immunity is possible. In most countries, parliament is not entitled to suspend the detention of a [Member of Parliament or proceedings against him/her.220] 219 Marc Van der Hulst, The Parliamentary Mandate,Geneva: Inter-Parliamentary Union, 2000, p.91. [220 Id.] |
The Bureau of the Transitional National Assembly lifted his immunity "to enable the judiciary to investigate the case calmly and without hindrance" while reserving the right to review its position after a period of two months. The parliamentarian was released on parole in September 2004 and participated in the July 2005 elections, when he was indeed re-elected. However, charges of "association for the purpose of attacking persons and property" were still pending against him. The Bureau of the newly elected Assembly took up the case and refused to allow his prosecution finding that his flagrante delicto arrest was unjustified and that procedure had been substantially flawed since the Prosecutor General had failed to provide a report on the facts; the parliamentarian concerned had not been heard and the chairpersons of the parliamentary groups and standing committees had not been consulted, in breach of the relevant rules.
(d) Waiving parliamentary inviolability In most countries, parliamentary inviolability is a matter of public policy and therefore cannot be waived. There are, however, exceptions to this rule and one of the foremost is the Philippines where members of parliament, and they alone, can waive inviolability either explicitly or by deciding not to invoke it under the relevant circumstances.38 (e) Lifting of inviolability conditionally and right to request suspension of detention Generally, owing to the principle of separation of powers, parliaments are not entitled to impose any conditions on the lifting of immunity. However, in some countries (Belgium and France for example) a partial lifting of immunity is possible. In most countries, parliament is not entitled to suspend the detention of a member of parliament or proceedings against him/her. 38 Marc van der Hulst, op. cit., p. 91. |
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